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Topic: Wal-mart (Read 302 times)

Rhune
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Wal-mart
« on: Jan 15^th, 2004, 1:46pm »

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Second phase of Wal-Mart trial begins
Jurors to determine damages for federal, local labor law violations
The Associated Press
Updated: 3:00 p.m. ET Jan. 14, 2004PORTLAND, Ore. -

Wal-Mart workers were forced to stay late without being paid overtime, sometimes locked inside stores until other workers completed their jobs and then told to pitch in off the clock, an attorney for 134 former employees told a jury considering how much the retail giant should pay in damages.

Overtime violations were systematic and routine at the 18 Oregon stores where complaints were filed, plaintiff's attorney Becky Roe told jurors in her opening statement Tuesday.

A previous federal jury ruled unanimously in December 2002 that Wal-Mart Stores Inc. violated federal and state law labor laws by forcing employees at the stores to work unpaid overtime from 1994 to 1999.

The second panel, made up of different jurors, was seated only to determine damages.

"I think you'll hear from the evidence that their jobs simply could not be accomplished within a 40-hour week," Roe said Tuesday.

From 1994 to 1997, electronic time sheets could be altered without any record of the changes, Roe said. As a result, "overtime simply got edited out," she said.

But a lawyer for Wal-Mart questioned the credibility of the former employees and whether they exaggerated the number of hours they worked. Attorney Rudy Englund told the jurors they must focus on the individual behavior of each of the 134 former employees to determine damages.

"Evidence in the first trial focused quite heavily on the behavior and actions of Wal-Mart," Englund said. "Despite the first trial, there is still a significant amount of evidence to be presented."

Roe said that, among other violations, Wal-Mart asked employees to help with tidying departments after closing; workers were asked to help make sure product labels were lined up properly; and employees had to spend unpaid time working on shelves frequently changed for new products or displays.

Roe said many employees who had finished their work days were routinely locked inside stores until other workers had completed their jobs, allowing managers to encourage the waiting employees to pitch in "off the clock" so that everybody could leave.

Englund said managers were simply trying to encourage teamwork. "Off the clock is not necessarily evil," Englund said.

Meanwhile, an internal audit of about 25,000 Wal-Mart employees uncovered thousands of labor violations, including minors working during school hours and workers not taking breaks or lunches.

The company's July 2000 audit detailed 1,371 violations of child-labor laws.

In a statement Tuesday, Wal-Mart said the audit was not a valid study and should not be taken at face value. The audit, obtained by The New York Times, covered employee records at 128 Wal-Mart stores nationwide.

The Bentonville, Ark.-based company has 1.2 million domestic employees.

Š 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Rhune
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Re: Wal-mart
« Reply #1 on: Jan 15^th, 2004, 1:47pm »

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NEW YORK (Reuters) - KB Toys (News - Websites) Inc. on Wednesday said it
filed for bankruptcy protection on the heels of a soft holiday shopping
season wrought by harsh competition from big discount retailers, like
Wal-Mart Stores.

The bankruptcy filing is the second by a major toy chain in recent weeks.
FAO Inc. (Other OTC:FAOOQ.PK - News), parent of the iconic FAO Schwarz,
filed for Chapter 11 bankruptcy protection in December for the second time
in a year.

KB, controlled by private investment firm Bain Capital, filed its petition
in U.S. Bankruptcy Court in Delaware. It secured debtor-in possession
financing from a group led by Fleet Retail Group Inc. and could convert that
into post-Chapter 11 financing.

The Pittsfield, Massachusetts-based retailer, which has more than 1,300
stores, said it hopes to emerge from Chapter 11 protection before this
year's holiday shopping season.

The holiday period is usually the big money maker for toy retailers, but
this latest season brought severe competition as Wal-Mart Stores Inc.
(NYSE:WMT - News), Target Corp. (NYSE:TGT - News) and other major players
slashed prices to lure customers.

Last week, Toys R Us (NYSE:TOY - News), the No. 2 retailer of toys behind
Wal-Mart, posted weak same-store sales for the holiday season and lowered
its earnings forecast for the year. The company cited the "intense
promotional environment," and said its margins came under considerable
pressure.

KB said it will pay vendors, suppliers and other business partners under
normal terms for goods and services they provide during the reorganization
process. It will also close unprofitable or underperforming stores, revamp
itself to cut costs and reduce staff.

The announcement comes weeks after the company confirmed it withheld
December payments to its toy and video game suppliers because of weak sales.

"Given the delay in payments to vendors, this is probably the best way to
re-establish the relationship and allow the vendors to ship with a greater
degree of confidence," said analyst Sean McGowan of Harris Nesbitt Gerard.

KB will still pay its employees in the "usual manner" and said their
benefits will continue without disruption. The company asked the court to
allow it to honor its return policies and gift cards.

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luci
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Re: Wal-mart
« Reply #2 on: Jan 16^th, 2004, 8:36am »

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Does this surprize anyone? We've read of them not being good to their employees before.
They should learn this is not the way to build loyalty.

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david
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Re: Wal-mart
« Reply #3 on: Jan 16^th, 2004, 8:53am »

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As you know I work for a department store (JC Penney) now I certainly am NOT defending Walmart but I know from working in this area that employees are NOT (least not where I work) forced to work OT without pay! It has happened on occasion someone stayed to work or misunderstood and stayed without ok to work late! In some of these cases employee became quite upset but there was little "The Company" (not store itself) could do no one asked person to stay so authority to pay OT was not given. I quite often close my store and if inconsiderate customers toss merchandise all over it is near impossible to get store cleaned up for next day on time! When that happens only certain staff memebers stay past their time in order to reduce cost to store. Many times employees have stayed when NOT asked to and expected OT now in most cases they get it but in rare cases Store and/or Company has NOT paid these person because they are constant abusers of OT they were not asked to work. I again state I donot know all the details invovling Walmart and cannot speak for them nor do I defend them

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MzWings
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Re: Wal-mart
« Reply #4 on: Jan 16^th, 2004, 2:48pm »

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on Jan 15^th, 2004, 1:46pm, Rhune wrote:

What's the matter with these associates (workers/clerks) that they would allow ANY employer/company to force to stay, let alone work off-clock? If I had ever heard this might happen, I would certainly speak to my Dept. Mg. about it.

And if I found myself locked inside - I'd let my fingers "do the walking": 9-1-1.

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A previous federal jury ruled unanimously in December 2002 that Wal-Mart Stores Inc. violated federal and state law labor laws by forcing employees at the stores to work unpaid overtime from 1994 to 1999.

Huh?? EH?? I want to believe employees wouldn't be so stupid as to work free.

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But a lawyer for Wal-Mart questioned the credibility of the former employees and whether they exaggerated the number of hours they worked.

.....as do I.

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Roe said that, among other violations, Wal-Mart asked employees to help with tidying departments after closing; workers were asked to help make sure product labels were lined up properly; and employees had to spend unpaid time working on shelves frequently changed for new products or displays.

I worked for years for Robinson~May dept. store (Bed and Bath). I also worked for JC Penny's in Muskogee for a few years (Women's and subbed for other depts.)

Besides "Meeting and Greeting", selling, exchanges, putting up with snotty customers - we also had to change displays; set up for a sale starting the next morning; switch endcaps; merchandise; fold and refold, hang and rehang.

In between that, there was dusting and Windexing to be done on a daily basis - from top to bottom; vacuuming; general tidying up during one's shift. I've cleaned up poopy diapers in the dressings rooms; picked up womens nasty uh....you know what. In cases where there was urine or vomit, we called housekeeping.

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Englund said managers were simply trying to encourage teamwork. "Off the clock is not necessarily evil," Englund said.

It IS evil if this is true.

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Meanwhile, an internal audit of about 25,000 Wal-Mart employees uncovered thousands of labor violations, including minors working during school hours and workers not taking breaks or lunches.

Minors? I take that to mean under age 16 yoa? Missing school? Pul-eeeeeeez! Roll Eyes

David, I didn't know you worked for JaySayPen-Nay. Basically, I think it's a good organization. I agree with everything you posted too.

And, like you, I can't speak with credibility regarding WalMart and the accusations being brought against them. However, after working retail for a number of years - I find most of the allegations to be ridiculous. Just my :twocents:

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The senility to forget the people I never liked
The good fortune to run into the ones that I do
And the eyesight to tell the difference."

azure
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Re: Wal-mart
« Reply #5 on: Jan 16^th, 2004, 4:52pm »

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I do not approve of everything going on with Walmart.

However I will say, in my company we are always looking for grants or scholarships to help the people (young kids and adults) with mental and physical disabilities. Walmart will pull through almost every single time. Cheesy

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BlankWillWin
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Re: Wal-mart
« Reply #6 on: Jan 16^th, 2004, 4:55pm »

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on Jan 16^th, 2004, 2:48pm, MzWings wrote:

It's not at all unusual for retail shops to close and lock the doors at closing time to keep customers and thieves out, and then unlock the doors only once to let the closing crew out as a security matter. If the closing managers established a policy that you clock out when your area is done, then quick workers would have to wait for slow workers to finish up. I often did when I closed at McDonalds. From there it's a simple step for the manager to say, "You know, if you straightened those shelves, we'd all get out of here quicker.", and if you want to get home, and you want the manager to think your a good worker, you do it. Then it becomes "company policy" that when you're done with your job, you punch out and then help finish up to get out quicker. As a result a lot of work gets done off the clock, and store profits go up.

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Huh?? EH?? I want to believe employees wouldn't be so stupid as to work free.

"Well, I guess you can just sit in the break room and wait for Jon to finish his work, but then we're all going to be here another hour, and John and I will be the only ones paid for it. On the other hand, if you help out, we'll be done in half an hour, and I'll remember in when your performance evaluation comes up." A lot of folks who NEED the job, and who want to get home will pitch in off the clock if the manager pitches it right.

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Minors? I take that to mean under age 16 yoa? Missing school? Pul-eeeeeeez! Roll Eyes

Often? No, but I'm sure it happened.

Eric.

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MzWings
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Re: Wal-mart
« Reply #7 on: Jan 16^th, 2004, 6:19pm »

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on Jan 16^th, 2004, 4:55pm, BlankWillWin wrote:

I closed my dept(s) many many times. But when each "closing" person has completed rectifying their till, we were let out by Security - and never held back because others weren't finished!

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"Well, I guess you can just sit in the break room and wait for Jon to finish his work.....and I'll remember in when your performance evaluation comes up. A lot of folks who NEED the job, and who want to get home will pitch in off the clock if the manager pitches it right."

I will tell you this - if any manager spoke to me in that manner (in your post above) - I would report him/her to whom ever I needed. It never happened to me, but those remarks fall under the category of "threatening" and harassment - with a little blackmail thrown in.

While there are a lot of younger "kids" working retail, they learn soon enough from long term employees, what's acceptable and what's not. They may be younger but they're not children.

I don't know if you've ever worked retail sales Eric - but I can tell you that associates (most of them anyway) automatically pick things up off the floor- whether it's their department or not.

Quite frankly (which is a tad off-topic), I think if every single person worked 3 to 6 months in retail sales - customers would behave very differently. Even to this day, when I'm in a store and shopping/looking, I always put back what I've pulled out - neatly and make sure it's in the right place.

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The good fortune to run into the ones that I do
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darnchts
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Re: Wal-mart
« Reply #8 on: Jan 17^th, 2004, 5:52am »

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okay..first off...I will state that you will sometimes do anything for fear of losing your job.

I have worked retail for many years on a part time basis. I first started at Woolworth's while on summer break in college. The people I worked with complained a lot but were scared of losing their jobs and losing all the time they had put in so they kept quiet to the management. I liked my job but I had to work till close 2 nites a week and I can tell you right now that until everyone was done...we didn't go home. It was store policy due to the doors being locked. We didn't have to punch out though..but they got you in the fact that they only paid you in 15 minute increments. So if you stayed 22 minutes late, you got paid for 15 minutes (straight time though cause no one got 40 hours aweek so none of it was ever OT)

Skip ahead to about 11 years ago. The economy was awful. I was looking desperately for a job cause the bank I had been working at had been merged with another and I was transfered to a file room where I filed all day. It was the most boringest job I have ever had. I finally found a new job at an Oil Company run by family members. They yelled at each other a lot and sometimes at the staff. It was an uncomfortable work place most days but eveyrone had been there 5+ years (and some going on 20 years) and had learned how to play the game and tolerate it. It paid decent considering how bad the job market was and the work was fun to do. My job was to call all the gas stations and get meter readings from them, figure out their gas sales for the day, chart them, then enter all the info on the computer to verify everything and to produce a daily report. My job was the only one that HADto be done before I left each day. Mondays were awful cause you had to do Friday, Saturday and Sunday sales all on one day.

When I first started, they paid ot for things. They even allowed you to work through your lunch and get paid for it. Then one day the lawyers came down and told them how if any of us were out on workman's comp, that they would have to pay that ot to us. So there was a memo sent out saying no more ot would be paid unless approved ahead of time. So it stunk for me cause I rarely ever finished my work at 5. It was usually 5:30 before I finished, even working through lunch (now for free). On Monday's, I usually didn't finish until at least 6pm and on holiday weekends when I had 4 days worth of work to do, it was usually 7 or 7:30. All free time. On top of that, they wouldn't hire anyone decent to learn my job so I went 3 years without a vacation while I tried to train many idiots to be able to handle it. Finally my only friend that I still have from there offered to learn the job so I could have a vacation. So in my 4th year, I got my first 1 week only vacation from them.

Was I stupid to stay and not complain? Yes..but there were no jobs. I was terrified of losing this one and they were able to control me for 5 and a half years. The final kicker was when Dad died and I came back from burying my dad to a meeting where they accused me of all sorts of things that I didn't do (one of the men there hated me and had planted things in their heads about me) so I finally had enough and left to go manage a donut shop.

I got screwed even worse there and almost lost my life from working too many hours (I averaged 14 hours a day, 7 days aweek and during that weekend, I had worked 18 hours for 3 straight days) and I ended up falling asleep at the wheel and totaled the brand new car that I had bought 12 days before.

I made a lot of threats though when I left the oil company due to being angry and feeling like they screwed me all those years and then pulled a stunt like that. So of course the job I used to do for that company is now done by 2 people.

All of it was a learning experience and it makes me so much more appreciate the full time job I have now.

In any case back on topic..I don't know for sure that Walmart did what they are being accused of..but I could see it happening cause it does happen...if you need the job and are afraid of losing it, you will do anything to keep it. Management in those places have a way of making you feel like you need to do more or else you will be out the door.

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azure
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Re: Wal-mart
« Reply #9 on: Jan 17^th, 2004, 10:08am »

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I agree dar, but I dont think it is just walmart, and sadly it is most businesses. From what I am hearing it sounds as though it is alot of retail stores

:wave:

btw - nice to see you posting here and there again

:hug:

« Last Edit: Jan 17^th, 2004, 11:37am by azure »

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david
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Re: Wal-mart
« Reply #10 on: Jan 17^th, 2004, 11:10am »

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I work Loss Prevention (security) for JC Penney and YES we lock the door after store closes that is for security reasons! While store is being cleaned up no one can see if anyone comes in or not and could either shoplift or rob associates! It is the NORM for associates who are done cleaning thier area help out in other areas therfore all should be leaving about the sametime. The call for cash normally happens after "Recovery" (clean up) If all followed directions then no one should be counting cash before it is called, that rarely happens! Now if someone does finish early and door is locked it is a simple matter to callfor manager or me to unlock door! Now most companies pay pay the quarter hour so clocking out 22 minutes late will only get you paid for 15 minutes! I know that happens to me many times since I must wait for everyone to finish so i may lock store i sometimes hit that area and lose some time, it cant be helped! If companies like mine paid by anything less it wouold cut inot profit more which would result in less hours lower raises and HIGHER prices for all! If someone feels they are forced to stay that (at least inmy store) is no one fault but their own! I find it hard to believe people are so stupid as to feel forced to stay! This is America right!? I once again want to say I cannot speak for Walmart I only can speak for what happens at my store. I have to feel though that even though some of these accusations may be correct that they are blow up and distorted! If so that makes accussers as bad as accussed!

« Last Edit: Jan 17^th, 2004, 11:11am by david »

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MzWings
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Re: Wal-mart
« Reply #11 on: Jan 17^th, 2004, 6:56pm »

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This is totally off-topic, but when Dar mentioned Woolworth's, that took me waaaaaaaaay back to my childhood. I remember going into that store and thinking it was (a) Disneyland. (This was long before Disneyland was a twinkle in Disney's eyes.)

It was referred to as "the five and dime store" and was a time when a nickle and a dime meant something.

http://en.wikipedia.org/wiki/F.W._Woolworth_Company

...now, back to your regularly scheduled program....

« Last Edit: Jan 17^th, 2004, 6:57pm by MzWings »

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The good fortune to run into the ones that I do
And the eyesight to tell the difference."

darnchts
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Re: Wal-mart
« Reply #12 on: Jan 17^th, 2004, 9:39pm »

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Azure

and yes I agree..like I said the other company was an oil company.

My part time job at the University is unique in that they pay to the exact minute you punch in and out. I like this so much better.

Yes Mzwings...it was a neat store. I won't hijack this further but I still miss them.

There are lots of people out of a job right now..I would say that that always leaves the door open for companies to take advantage of people being worried about losing their jobs. I am blessed cause neither of my jobs are dependent on the economy and my full time job especially is very secure. Any free time I give them is cause I want to cause they gave me so much time in the past year.

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